Ongoing saga - Crazy deductions from deposit!

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    Ongoing saga - Crazy deductions from deposit!


    I posted a thread originally in the wrong section (Letting Agent Questions) so have made sure I'm on the right one now! Basically son and friend having major problems in getting deposit back from previous Letting Agents. They moved out of the property nearly 12 weeks ago!! Agents claiming various (totally disputed) 'dilapidations' which seem to be growing daily...There was no Inventory whatosever. My son is still with same Letting Agents in new apartment, and no Inventory there either! Agents have already taken a large chunk of their deposit money without any permission to replace various items including charging them 40% for the cost of a whole new lounge/diner carpet which had a small burn in one corner. My son and friend have pointed out that as there was never any Inventory then there is no case for dilapidations, and said they would take landlords to Small Claims Court unless the full deposit was returned. The Agents first replied and stated 'you would have been given a copy of the Inventory when you moved in' - no they didn't! Now they are saying 'a copy of the Inventory was given to you when you signed your Tenancy Agreement, and it said on it that unless it is signed and returned to us within 48 hours then we take it that you have agreed to it. This is a complete lie. Strangely enough they did not include a copy of the Inventory with this letter -as there isn't one!!! My son and friend are pretty sure they have a watertight case to take landlords to Small Claims Court, and have the forms ready to submit. A further complication (sorry this is getting a bit long winded but they need to make sure they have their facts right) is that my son is with same Letting Agents now in a new property and he has a signed and dated receipt from Letting Agents confirming that his half of the deposit from the previous property has been transferred over to his new apartment. His current AST states his deposit is held by the agents as Stakeholder - as I understand it this means they cannot touch that money without his prior written agreement, yet they are saying they have taken a large chunk of it to pay for these dilapidations, and he now needs to make up the deposit!

    Advice gratefully received and thanks for reading!
    Irate Mum

    No inventory = no basis for assessment. Issue porceedings through the small claims court to recover the whole of the deposit against the landlord not the agent.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.


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